Live-Stock Slaughter Levy Collection Act 1964 (Cth)

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 [Note: This Act is "repealed" by Act No. 26 of 1991]

(#DATE 30:09:1980)

- Incorporating all amendments by legislation made to 30 September 1980

- Reprinted as at 30 September 1980
*1* The Live-stock Slaughter Levy Collection Act 1964 (a) as shown in this
reprint comprises Act No. 9, 1964 as amended by the other Acts specified in the
following table:
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Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
------------------------------------------------------------------------------
Live-stock
Slaughter Levy
Collection Act 1964 9, 1964 6 May 1964 1 Aug 1964 (see s.
2 and Gazette
1964, p. 2923)
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Live-stock
Slaughter Levy
Collection Act 1968 41, 1968 9 Dec 1968 9 Dec 1968 -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Live-stock
Slaughter Levy
Collection Act 1974 112, 1974 3 Dec 1974 S. 4: 1 Jan 1975
Remainder: Royal
Assent -
Live-stock
Slaughter Levy
Collection Act 1976 43, 1976 2 June 1976 2 June 1976 -
Live-stock
Slaughter Levy
Collection
Amendment Act 1977 71, 1977 16 June 1977 S. 6: 1 Aug 1978
(see s 2 (2) and
Gazette 1978, No.
S140, p. 1)
Remainder: Royal
Assent Ss. 5 (2) and 7 (2)
Live-stock
Slaughter Levy
Collection
Amendment Act 1979 74, 1979 25 June 1979 1 July 1979 -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS
Section

  1.        Short title

  2.        Commencement

  3.        (Repealed)

  4.        Interpretation

  5.        Act to bind Crown

  6.        Due date of payment

  7.        Liability of proprietor of abattoir

  8.        Recovery of levy

  9.        Penalty for non-payment

  10.       (Repealed)

  10A.      Establishment of National Cattle Disease Eradication Trust Account

  10B.      Payments into National Cattle Disease Eradication Trust Account

  10C.      Application of National Cattle Disease Eradication Trust Account

  11-13.    (Repealed)

  14.       Offences relating to returns, &c.

  15.       Access to books, &c.

  16.       Regulations

                               -----------------

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - LONG TITLE 
SECT

An Act to make provision for the Collection of Levy under the Live-Stock
Slaughter Levy Act 1964, and for other purposes

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 1. 
Short title 
SECT

  1. This Act may be cited as the Live-stock Slaughter Levy Collection Act
1964.*1*


See notes to first article of this Chapter.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 2. 
Commencement 

Amended by No. 43, 1976, s. 4
SECT

  2. This Act shall come into operation on the date fixed by Proclamation
under section 2 of the Live-stock Slaughter Levy Act 1964.*1*


Section 3 repealed by No. 216, 1973, s. 3

                         *   *   *   *   *   *   *   *



See notes to first article of this Chapter.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 4. 
Interpretation 

Substituted by No. 71, 1977, s. 3
SECT

  4. In this Act, unless the contrary intention appears,  "levy"  means levy
imposed by the Live-stock Slaughter Levy Act 1964.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 5. 
Act to bind Crown 

Substituted by No. 71, 1977, s. 3
SECT

  5. This Act binds the Crown in right of a State.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 6. 
Due date of payment 

Amended by No. 43, 1976, s. 4
SECT

  6. The amount of levy on the slaughter of any live-stock is due for payment
upon the expiration of 28 days after the last day of the month in which the
live-stock are slaughtered.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 7. 
Liability of proprietor of abattoir 

Sub-section (1) amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4
SECT

  7. (1) For the better securing of the payment of levy, the proprietor of an
abattoir at which live-stock owned by another person are slaughtered is liable
to pay to the Commonwealth an amount equal to any levy on the slaughter that
has become payable by that other person but has not been paid to the
Commonwealth by or on behalf of that other person or recovered from that other
person by the Commonwealth.


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (2) The proprietor of an abattoir at which live-stock owned by another
person are slaughtered may, on behalf of that other person, pay to the
Commonwealth any levy payable in respect of the slaughter either before or
after the levy is due for payment.


Amended by No. 216, 1973, s. 3

SECT

  (3) The proprietor of an abattoir may, notwithstanding any law of a State or
Territory or any contract entered into before the commencement of this Act,
refuse to slaughter, or to permit the slaughter of, live-stock owned by
another person at the abattoir unless that other person first provides the
proprietor with the funds necessary for the due payment, on behalf of that
other person, of levy on the slaughter of the live-stock.


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (4) Where-



  (a)  any levy payable by a person on the slaughter of any live-stock at an
abattoir of which another person is the proprietor has been paid to the
Commonwealth on behalf of that person by the proprietor of the abattoir; or



  (b)  an amount in respect of any levy so payable has been recovered by the
Commonwealth from the proprietor of the abattoir by virtue of sub-section
(1),



the person by whom that levy was payable is liable to pay to the proprietor an
amount equal to the amount so paid or recovered, less any amount already paid
by that person to the proprietor in respect of that levy.


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (5) Where, at any time, a person pays to the proprietor of an abattoir an
amount in respect of levy on the slaughter at that abattoir of live-stock
owned by that person, that person is discharged from liability to pay levy to
the same extent as if the payment had been made by him at that time to the
Commonwealth, but the discharge does not affect any liability of the
proprietor under sub-section (1).


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (6) Sub-section (5) does not apply where, before the payment is made to the
proprietor of the abattoir, the person making the payment has been notified in
writing by or on behalf of the Minister that the Minister requires that person
to pay direct to the Commonwealth the levy in respect of which the payment is
made.


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (7) Where, under this section, levy is paid on behalf of a person by, or an
amount in respect of levy payable by a person is recovered by the Commonwealth
from, the proprietor of an abattoir, that person is, to the extent of the
amount paid or recovered, discharged from so much of his liability to the
Commonwealth to pay the levy as has not previously been discharged by virtue
of sub-section (5).


  (8) Where the Minister is satisfied that it would, by reason of special
circumstances, be unreasonable to require the proprietor of an abattoir to
pay, or to pay in full, an amount payable by him under this section, the
Minister may release that proprietor in whole or in part from his liability,
but such a release does not affect the liability of any person other than the
proprietor.


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (9) In this section, a reference to the levy on the slaughter of any
live-stock shall be read as including a reference to an amount that has become
payable by way of penalty under sub-section 9 (1) by reason of default in
payment of levy on the slaughter of those live-stock.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 8. 
Recovery of levy 

Sub-section (1) amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4
SECT

  8. (1) The following amounts shall be deemed to be debts due to the
Commonwealth:



  (a)  an amount of levy that is due for payment;



  (b)  an amount payable by the proprietor of an abattoir under the last
preceding section; and



  (c)  an amount payable by way of penalty under section 9.


Amended by No. 43, 1976, s. 4

SECT

  (2) In proceedings for the recovery of an amount referred to in sub-section
(1), an averment or statement in the complaint, claim or declaration of the
plaintiff is evidence of the matter so averred or stated.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 9. 
Penalty for non-payment 

Sub-section (1) amended by No. 43, 1976, s. 4
SECT

  9. (1) Where the liability of a person to pay any levy is not discharged on
or before the date on which the levy is due for payment, that person, in
addition to his liability to pay that levy, is liable to pay, by way of
penalty, an amount calculated at the rate of 10% per annum upon the amount of
the liability from time to time remaining undischarged, to be computed from
the date on which that amount became due for payment.


Amended by No. 112, 1974, s. 5; No. 43, 1976, s. 4

SECT

  (2) Where-



  (a)  the proprietor of an abattoir has received from another person an
amount in respect of levy payable by that other person on the slaughter of
live-stock at that abattoir; and



  (b)  the levy is due for payment but has not been paid in full to the
Commonwealth,



the proprietor is liable, in addition to any other liability under this Act,
to pay to the Commonwealth, by way of penalty, an amount calculated at the
rate of 10% per annum upon the amount so received by him, less any part of the
levy paid by him on behalf of that other person, to be computed from the date
on which the levy became due for payment or the date on which he received that
amount, whichever is the later.


Substituted by No. 71, 1977, s. 4

SECT

  (3) The Minister or, subject to sub-section (4), a person authorized, in
writing, by the Minister for the purposes of this section, may, in a
particular case, for a reason that the Minister or the authorized person, as
the case may be, in his discretion, thinks sufficient, remit the whole or a
part of an amount payable under this section.


Added by No. 71, 1977, s. 4

SECT

  (4) A remission granted under sub-section (3) by a person authorized by the
Minister for the purposes of this section shall not exceed $100.


Section 10 repealed by No. 71, 1977, s. 5

                         *   *   *   *   *   *   *   *

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 10A. 
Establishment of National Cattle Disease Eradication Trust Account 

Inserted by No. 43, 1976, s. 3
SECT

  10A. (1) There is hereby established an account to be known as the National
Cattle Disease Eradication Trust Account.


  (2) The account established by sub-section (1) is a Trust Account for the
purposes of section 62A of the Audit Act 1901-1975.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 10B. 
Payments into National Cattle Disease Eradication Trust Account 

Inserted by No. 43, 1976, s. 3 Sub-section (1) amended by No. 71, 1977, s. 6;
No. 74, 1979, s. 3
SECT

  10B. (1) There shall be paid into the National Cattle Disease Eradication
Trust Account-



  (a)  amounts equal to the amounts of levy received by the Commonwealth by
virtue of paragraphs 6 (1) (d), 6C (1) (d), 6E (1) (d) and 6F (1) (d) of the
Live-stock Slaughter Levy Act 1964;



 (aa)  amounts equal to the amounts of charge received by the Commonwealth by
virtue of paragraphs 7 (1) (c) and 10 (1) (c) of the Live-stock Export Charge
Act 1977;



  (b)  amounts advanced out of the Consolidated Revenue Fund for the purposes
of that trust account; and



  (c)  interest from the investment of moneys standing to the credit of that
trust account.


Amended by No. 71, 1977, s. 6

SECT

  (2) Amounts payable into the National Cattle Disease Eradication Trust
Account by virtue of paragraphs (1) (a) and (aa) are payable out of the
Consolidated Revenue Fund, which is appropriated accordingly.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 10C. 
Application of National Cattle Disease Eradication Trust Account 

Inserted by No. 43, 1976, s. 3
SECT

  10C. Moneys standing to the credit of the National Cattle Disease
Eradication Trust Account may, with the approval of the Minister, be
expended-



  (a)  in making payments to the States, and in meeting costs incurred by the
Commonwealth, for the purpose of the eradication of any disease of cattle that
is endemic in Australia; and



  (b)  in making payments to the Consolidated Revenue Fund in respect of
advances referred to in paragraph 10B (1) (b) or in respect of any expenses
connected with the eradication of any disease of cattle that is endemic in
Australia that have been defrayed out of that Fund.


Sections 11-13 repealed by No. 71, 1977, s. 7

                         *   *   *   *   *   *   *   *

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 14. 
Offences relating to returns, &c. 

Sub-section (1) amended by No. 93, 1966, s. 3; No. 43, 1976, s. 4
SECT

  14. (1) A person shall not-



  (a)  fail or neglect duly to furnish a return or information that he is
required under the regulations to furnish; or



  (b)  furnish, in pursuance of the regulations, a return or information that
is false or misleading in a material particular.


  Penalty: $300.


  (2) A prosecution for an offence against this section may be commenced at
any time.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 15. 
Access to books, &c. 
SECT

  15. (1) For the purposes of this Act, a person authorized in writing by the
Minister in that behalf may, at all reasonable times and on production of that
written authority, enter any building or place where, in the opinion of that
person, there are any books, documents or other papers relating to the
slaughter of live-stock in respect of which levy is payable and may-



  (a)  take extracts from; and



  (b)  make copies of,



any such books, documents or other papers.


Amended by No. 93, 1966, s. 3; No. 43, 1976, s. 4; No. 71, 1977, s. 8

SECT

  (2) A person shall not, without reasonable excuse, obstruct or hinder a
person acting in pursuance of an authority under this section.


  Penalty: $200.

LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964 - SECT. 16. 
Regulations 

Amended by No. 93, 1966, s. 3; No. 112, 1974, s. 5; No. 43, 1976, s. 4; No.
71, 1977, s. 9
SECT

  16. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act or for facilitating the collection or recovery of
amounts of levy or other moneys payable to the Commonwealth under this Act
and, in particular-



  (a)  providing for the manner of payment of levy and other moneys payable to
the Commonwealth under this Act;



  (b)  requiring persons to furnish returns or information to such persons as
are prescribed;



  (c)  requiring persons causing live-stock to be slaughtered at an abattoir
of which another person is the proprietor to furnish to the proprietor returns
or information relating to live-stock so slaughtered;



  (d)  providing for the registration of abattoirs and for the keeping by the
proprietors of abattoirs registered under the regulations of records relating
to the slaughter of live-stock; and



  (e)  prescribing penalties not exceeding a fine of $200 for offences against
the regulations.


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